Legal Resources | Title 5 |  30000 |  T5  4424  

Chapter 5. Consolidated Categorical Aid Programs.Subchapter 6. State Compensatory Education Programs.Article 9. Comparability.Comparability of Services.   

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(a) After July 1, 1979, in accordance with procedures established by the California Department of Education, an application of a local educational agency (LEA) for grants under section 54420 of the California Education Code shall not be approved, nor payments made of SCE funds under a previously approved application of such agency, unless that LEA has demonstrated that exclusive of local, state, and federal categorical funding, including School Improvement Programs, State Compensatory Education Programs, and programs pursuant to Chapter 4, Article 4 of this division:

(1) The number of children enrolled per full-time equivalent classroom teacher and teacher's aide in schools pursuant to this section is not more than 105 percent of the average number of pupils per teacher and teacher's aide in all public schools serving comparable grade levels in the applicant's district, or

(2) The annual expenditure per child for salaries per full-time equivalent teacher and teacher's aide, exclusive of that portion of salary based on longevity, in schools providing programs pursuant to this section is not less than 95 percent of expenditures per child in all public schools serving comparable grade levels in the applicant's district, or

(3) The district can demonstrate to the satisfaction of the State Superintendent of Public Instruction (SSPI) that the resources per pupil enrolled in each school pursuant to this section is not less than the resources per pupil in all of the schools within the district serving comparable grade levels.

(b) After comparability has been demonstrated pursuant to subdivision (a) of this section, and with prior approval of the SSPI, a LEA experiencing high student mobility need not make adjustments in order to maintain comparability unless the percentage amount computed under subdivision (a)(1) is more than 110 or the percentage amount computed under subdivision (a)(2) is less than 90.

Authority cited:

Education Code 33031

Education Code 54005

Reference:

Education Code 54000-54005

20 USC 2736

20 USC 34

34 CFR 201.120

(Amended by Register 2010, No. 52.)